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Record W4252727894 · doi:10.3138/utlj.60.4.1003

THREE ISSUES IN LEGAL ETHICS

2010· article· en· W4252727894 on OpenAlexvenueno aff
Daniel Markovits

Bibliographic record

VenueUniversity of Toronto Law Journal · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Education and Practice Innovations
Canadian institutionsnot available
Fundersnot available
KeywordsLegitimacyLawAdjudicationJuryPolitical scienceEconomic JusticeArgument (complex analysis)SociologyLaw and economicsPolitics

Abstract

fetched live from OpenAlex

A court – which is the name given the institution charged with resolving legal disputes at retail – is comprised of three elements: an umpire (judge or jury), disputants, and advocates. The court's structural purpose is legitimate (which is not the same thing as just) dispute resolution. No part of the court can stand in for the whole; each is only a part. In order for the court to achieve legitimacy, each of its components must pursue partial aims: the umpire must seek truth and justice, the parties must be free to seek advantage, and lawyers must pursue partisan loyalty. Lawyerly partisanship thus stands against truth and justice – the court's legitimacy requires this. Although rules of legal ethics might constrain hyper-zeal, the legitimacy of the court requires that lawyers' ethics avoid imposing general duties to truth and justice as this would conflate advocate and umpire. This requirement of legitimation is a direct consequence of the familiar fact of moral pluralism. There simply exist no regulative principles – including principles of justice – on which all sides of moral and political disputes can agree. Legitimacy depends on affective engagement with a process; it cannot be sustained by argument. Adjudication is part of this process; and adjudication requires partisan lawyers. Partisanship is thus ineliminable from the lawyer's life. Legal ethics must take such partisanship into account. To do so, it must take up problems associated with the lawyer's integrity. Such questions are not mere navel-gazing but are instead entirely appropriate for a profession whose place in the political division of labour renders conflicts between professional obligations and ordinary moral ambitions particularly clear and stark. Legal ethics thus cannot – for reasons that apply to ethics quite generally – ever be reduced to generic moral or political theory. And in this sense, taking the lawyer's point of view in legal ethics is not a sop to local interest but an inevitable part of any serious engagement with the legal facts and moral circumstances of the lawyer's life.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.016
metaresearch head score (Gemma)0.027
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Commentary · Consensus signal: Commentary
Teacher disagreement score0.021
Threshold uncertainty score0.108

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0160.027
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.002
Science and technology studies0.0130.049
Scholarly communication0.0170.016
Open science0.0030.007
Research integrity0.0210.021
Insufficient payload (model declined to judge)0.0110.003

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.039
GPT teacher head0.359
Teacher spread0.320 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreCommentary

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2010
Admission routes1
Has abstractyes

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